STATE OF GUJARAT Vs. AMARSINH ALIAS AMLO RAMSING

JUDGEMENT

(1.) Present appeal u/s. 378 of the Code of Criminal Procedure, 1973 arises out of the judgment and order dated 5th December 1991 passed by the learned Additional City Civil Judge, Court No. 19, Ahmedabad (hereinafter referred to as 'the learned City Sessions Judge') in Sessions Case No. 112 of 1991, whereby, the learned City Sessions Judge was pleased to acquit all the accused of the charges under Sections 302, 323, and 34 of the Indian Penal Code (IPC) and Section 135(1) of the Bombay Police Act.

(2.) Facts in nutshell of the prosecution case are that complainant Manish was studying in standard Xth in Amar Jyoti School. He had a friend named Viram Shah, who was also studying in the same standard. The sister of Viram Shah namely Deepa Shah was also studying in the same school in IXth standard. The complainant came to know Deepa through his brother Viram. The accused respondent No. 1 herein, who was residing near the house of the complainant - Manish, used to ask the complainant not to talk with Deepa. It was only before three months of the incident that the accused respondent No. 1 scolded Manish on the said count and they had an altercation. The complainant then stopped talking with accused respondent No. 1 herein. The accused respondent No. 1, was attempting to assault the complainant since then with the help of his friends and was quarreling with the complainant on one ground or the other. On a day before the incident also, when the complainant had gone to see Garba, the accused respondent No. 1, with the help of his friends, had attempted to beat the complainant but he could not succeed as the complainant fled away to his house. On the day of incident i.e. 30/09/1990, the complainant along with his friends namely, Bhupendra, Manu and Vinod were going to see Garba at Janpath Society. At that time, the accused respondent Nos. 2 and 3 were sitting near the bus-stand situated opposite Amar Jyoti School. The accused respondent No. 2 called Manu and asked him about the previous day's incident and then started scuffling with him. On such happening, someone gave information about the same to accused Nos. 1 and 4, who were at their homes. One of the friends Bhupendra went to the house of the complainant and informed the parents as well as uncle Jivaji and aunt - Menaben of the incident. Thereupon, the accused respondent Nos. 1 and 4 as well as the uncle of the complainant and his aunt reached the spot. When they reached the spot, the accused respondent Nos. 2 and 3 started assaulting the uncle of the complainant. The accused respondent No. 4 herein was instigating them. The accused respondent No. 1, who was possessing a 'Gupti', inflicted two blows with Gupti to Jivaji uncle of the complainant on right-side of abdomen. Hence, Jivaji started running from there screaming for help. The accused respondent No. 1 chased Jivaji and gave another blow of Gupti on his back. Thus, Jivaji sustained grievous injuries. He was shifted to L.G. Hospital, but he succumbed to the injuries and was declared dead by the doctor. Thus, the accused were alleged to have committed the offence as above for which complaint had been lodged against them.

(3.) Being aggrieved by and dissatisfied with the aforesaid judgment and order passed by the learned City Sessions Judge, the appellant - State has preferred the present appeal.